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Thursday, March 03, 2011

Saying and Staying

thanks to Dan for his generous invitation to take part in this great law blog.  Sorry for my slow start.

I hope to chime in on varia, including the ongoing Prop 8 litigation and attendant issues of state constitutional law & politics, state constitutionalism more generally, property & governance, and legal education . . . that is, a bunch of stuff yoked together loosely, and largely by my own interests.

For now, let me just point to "stay" orders in two high profile matters involving ambitious (I'll leave to others to say "activist") judicial rulings, the Prop 8 case from California and the Health Care ruling by way of district court in Fla.  We get a one-sentence order from the Cali S Court saying, essentially, we won't be hurried in our consideration of the certified standing issue (the import of which is that the stay of J. Walker's order remains in effect indefinitely) and we get 20 pages from the Fla district judge "clarifying" his ruling, http://graphics8.nytimes.com/packages/pdf/health/20110303-vinson-health-order.pdf, yet also staying the decision to await the circuit court's decision.

Can't help but wondering whether the different political vantage points of the state and federal court explain the comparative fulsomeness (?) of the courts' opinions.


Posted by dan rodriguez on March 3, 2011 at 04:03 PM | Permalink


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